My father died just last week and as hard as it has been there has been nothing to stir more contoversy than the fact that my father left everything to my stepsister instead of his two biogical children, myself and another.
The will was signed by two people in the stepchild's family and life. The will had not been notorized nor was it filed in any way.
FIRST - Is the will valid?
SECONDLY - If the will is NOT valid who would end up with his estate? I am assuming it would then go to me and my sister (who was living in the house at the time of his death with her children).
THIRD - Being listed as an executor without any other names mentioned in will, does this basically give the impression my father INTENDED that me and my sister not receive anything? Or is the role of 'executor' assumed to be more of a position of the executor be more of a 'responsibility' than a 'reward'? Basically - does the executor have to give anything to us two bio-kids when we weren't even mentioned in the will. The only named mentioned was the stepsister as the executor.
LASTLY - In the horrible and implausable event the stepsister seeks to either NOT share the estate or not share the estate 'fairly', what recourse would WE, the biological children, have if any? (NOTE: One of the bio-kids was an actual resident in the father's house and our father's mother, the previous owner of the house and it's affects, specifically listed us IN her will that didn't list ANY stepchildren - I mention these notes just in case they have any probative weight)
Sorry to have included so many questions, I was unsure if it was more appropriate to list all in ONE topic or in seperate.